AUCTION CONDITIONS
ONLINE AUCTION CONDITIONS
PURCHASE CONDITIONS
The relationship between Raffi Portakal Antikacılık Müzayede Organizasyonu ve Danışmanlık AŞ (hereinafter referred to as “Orange Antikacılık Müzayede” ) and the buyer is subject to the current general purchasing conditions, which will be recorded in the official sales record, which may be amended according to the auction hall notifications or verbal indications before the sale.
To participate in the online auction, “ rportakal.com” It is mandatory to register as a member at the address, and Portakal Antikacılık Müzayede is entitled to a commission at the time of sale due to the mediation service it provides electronically. Everyone who will participate in the auction by registering as a member is deemed to have read and accepted the terms and conditions set out below.
All works offered for sale are checked by museum experts of the Ministry of Culture and Tourism of the Republic of Turkey, in accordance with the Law on Cultural and Natural Assets No. 2863, and documents are given to those that fall within the scope of the law and are deemed necessary.
The works in the online auction are subject to prior sale. After the online catalogue is published, it is published on the address “rportakal.com”.
The works in the online auctions are exhibited at the address “Mim Kemal Öke Cad No 8 Nişantaşı 34367 İstanbul Türkiye” after the date of publication of the online catalogue prior to the sale. All information provided for the works and their promotion in the online auction catalogue are the opinions of the experts. The inclusion of the works in the online catalogue is a preparation process for the online auction and no works are sold through the online catalogue until the auction day.
It is not possible for Buyers who have not registered as a member of this site and have not received an online auction participation password to participate in the auction. The online auction participation password belongs to the Buyer and cannot be used by a third party. If this password is used by someone else, the Buyer is responsible for the use of Portakal Antikacılık Müzayede He has already accepted that he has no responsibility.
By registering to participate in the auction, it is assumed that the participants have seen and examined the works beforehand. There is no sale of works through the online catalogue until the auction day. All works are offered for sale 'as is', the buyer accepts and undertakes that he/she has sufficiently checked the goods sold before bidding and waives the provisions specified in Article 223 of the Code of Obligations No. 6098. There is no obligation to write as is next to each work. The information and any advertisements given about the goods subject to the auction are not commitments but are general information. The buyer accepts this condition in advance. Portakal Antikacılık Müzayede is not responsible for the guarantee of the sold work (goods). In this regard, no objection or demand will be made from Portakal Antikacılık Müzayede in the future.
Since the auction to be held is carried out in accordance with the regulation in Articles 274 and following of the TCC and cannot be accepted as a distance sales contract regulated in Article 48 of the Consumer Law, the person participating in the auction has no right of withdrawal. If the person remaining after the auction does not pay the price of the work in full within 7 days, Portakal Antikacılık Müzayede is authorized to terminate the sales contract, collect a 10% penalty and all losses incurred together with commercial interest and 15% monthly interest to be applied starting from the invoice date. Portakal Antikacılık Müzayede reserves other rights of lawsuit and demand. The work sold will not be delivered to the buyer unless all expenses incurred by Portakal Antikacılık Müzayede for the preservation of the work are paid by the buyer until the invoice amount is collected.
Persons under the age of 18 cannot become members.
Identity verification will be made for real and legal persons who participate in the auction and purchase works in accordance with the Law No. 4208 and 5549 on Prevention of Laundering Proceeds of Crime. Portakal Antikacılık Müzayede has the right not to accept as members those it deems suspicious and not to accept them to the online auction without any excuse.
1 – Auction Goods
The auction will sell modern and contemporary art works. Potential buyers can examine the works before the auction takes place and especially during the auction to review the works they may be interested in. Portakal Antikacılık Müzayede is at the service of potential buyers to provide information about the condition of the works.
Any person who makes a bid agrees to pay immediately and personally the bid price plus any taxes and fees/expenses that may be due. Unless the bidder gives prior notice, which is accepted by Portakal Antikacılık Müzayede, that the bidder is participating as an agent on behalf of a third party, he/she is deemed to be acting on his/her own behalf.
Statements made by Portakal Antikacılık Müzayede regarding restoration, accident or damage arising in connection with the works are made solely for the purpose of facilitating the prospective purchaser's review and are subject to his or its experts' discretion. The absence of Portakal Antikacılık Auction statements regarding restoration, accident or damage, whether made verbally or not, in the catalogue, condition reports, on labels or otherwise, does not indicate that the work has no existing, previous or repaired defects. Conversely, the appearance of any defect, regardless of its type, does not indicate the absence of other defects.
Bidding and participating in the online auction means accepting all the terms and conditions in this text and also the other rights and obligations of our institution related to them. (It is not possible to raise any objections regarding defects after the sale has been made.)
Portakal Antikacılık Müzayede has the right to withdraw the works subject to auction from the auction, sell them together with another work, refuse to sell, separate the works from each other, not to offer the works included in the catalogue for auction and to apply all legal procedures related to these situations.
Estimates are provided for guidance only and are not intended to indicate with certainty that the work will be sold at the estimated price or even within the estimated price. Estimates do not constitute any guarantee of any kind. Estimates may be given in various currencies, in which case or otherwise conversions may be rounded other than legal roundings.
2 – Sales
In order to ensure that sales are organised in accordance with the rules, prospective buyers are asked to present themselves to Portakal Antikacılık Müzayede by registering their personal identification information and becoming a member prior to the sale. Portakal Antikacılık Müzayede reserves the right to ask any prospective buyer to verify their identity with bank references and to request a deposit. Orange Antiques Auction, reserves the right to refuse any prospective buyer from participating in the online auction for legitimate reasons.
The catalogue values of the works offered for sale in the online auction are the auction starting price.
Any person who bids undertakes to pay the increased price, together with all taxes and fees/expenses that may be due, in person and immediately, at the expense of the buyer. Unless the bidder gives prior notice, accepted by Portakal Antikacılık Müzayede, that he/she is participating as the agent of a third party, the bidder is deemed to be acting on his/her own behalf.
The general procedure for bidding is to click on the BID field and the Buyer is bound by the bid he/she makes by bidding. The item in question is tendered to the Buyer who makes the highest bid as of the end of the auction. The Buyer cannot, for any reason, demand the nullity of the auction. Portakal Antikacılık Müzayede has the right to determine the amount of increase in value that occurs when the bid field is clicked and to change this amount. The increase in the price of a work put up for Online Auction can be started with twenty percent or less of the estimated value.
The Buyer has the right to bid until the end of the given period for the auctioned product, and when the period expires, the Creditor who bids the highest amount for the product will be deemed to have won the auction. While the online auction is in progress, the highest bid given for the product in question will be displayed on the screen in its current form. Participants in the online auction, the person who bid the highest, and the amount of this bid will be hidden and stored by Portakal Antikacılık Müzayede. The Buyer accepts and undertakes that he/she will not object to the records made by Portakal Antikacılık Müzayede in any way. In this context, participants in the online auction, the bids put forward and who bid in what amount, who bid the highest bid, etc. information will be encrypted and secured by our company, and participants accept, declare and undertake that they do not have the right to object to these records in any way.
Orange Antiques Auction, may accept in good faith some offers by phone from a potential buyer who has expressed his/her request before the sale. Portakal Antikacılık Müzayede does not bear any liability/responsibility whatsoever, especially if the telephone contact is not established or is made too late or if there are errors or omissions regarding the telephone acceptance. Portakal Antikacılık Müzayede reserves the right to record all telephone conversations during the auction for various reasons. The party making the conversation accepts that they consent to these conversations being recorded and that these conversations are recorded only for the proper conduct of the auction. The said records will be kept until the auction price is paid in full, except for objections.
Orange Antiques Auction, may accept to fulfill bid orders that may have been submitted prior to the sale and that it deems acceptable. Portakal Antikacılık Müzayede has the right to request a refundable deposit within 48 hours after the sale if the lot has not been sold to that buyer. In the event that Portakal Antikacılık Müzayede receives multiple bid orders for the same amount, the first bid order received will be given priority. Portakal Antikacılık Müzayede shall have no liability/responsibility for errors or negligence in the execution of the written order.
If a reserved price is stipulated by the seller, Portakal Antikacılık Müzayede AŞ reserves the right to bid on behalf of the seller until the reserved price is reached. The seller will not be allowed to bid directly or through an agent. The reserved price cannot be higher than the low estimate of the lot that has been publicly altered or printed prior to the sale.
Portakal Antikacılık Müzayede will conduct auction sales in accordance with established practices, ensuring the freedom of bidding and equality among all bidders, at its sole discretion. Portakal Antikacılık Müzayede reserves the right to reject any bidder in order to organize the bidding in the most appropriate manner, to remove any lot during the sale, to withdraw any lot during the sale, to combine or divide any lot during the sale. In the event of a dispute or objection, Portakal Antikacılık Müzayede reserves the right to determine the winning bidder, to continue or cancel the bidding process, or to re-sell the lot by auction.
No goods will be delivered to the buyer until full payment is made. In case of payment by an ordinary promissory note/check, payment will be considered made only when the check is converted into cash.
A currency converter may be used by Portakal Antikacılık Müzayede as a guide to facilitate price calculation for potential buyers. However, bidding cannot be done in foreign currencies and Portakal Antikacılık Müzayede will not be responsible for any conversion errors.
3 – Execution of Sale
In addition to the bid price given for the work, the buyer is obliged to pay the price of each work purchased, including VAT.
The buyer agrees to pay Portakal Antikacılık Müzayede a commission fee of %.... of the price of the work + VAT for each work purchased. VAT and intermediary service commission fee (+VAT) will be added to the prices of the products put up for online auction, and the buyer is responsible for all costs.
The price of the works purchased by the Buyer, VAT and commission amount shall be paid in advance via credit card or money order to the bank accounts of Portakal Antikacılık Müzayede within 7 days at the latest. Portakal Antikacılık Müzayede issues invoices due to legal obligations, and the Buyer accepts that Portakal Antikacılık Müzayede is the company that mediates the sale and is not the Seller.
Invoices are prepared for all purchased works. Invoices are prepared on the computer according to the member number, name, surname and address. However, the invoice given to the customer is prepared by Portakal Antikacılık Müzayede due to legal obligations. The invoice issuance does not indicate that Portakal Antikacılık Müzayede is the seller. Portakal Antikacılık Müzayede is not the seller; it is the intermediary mediating the sale. The %.... commission + VAT receivable that Portakal Antikacılık Müzayede will be entitled to due to this mediation service will be paid separately by the person who holds the item in the auction. The commission (+VAT) receivable of Portakal Antikacılık Müzayede will be due as of the end of the auction. Even if the buyer cancels purchasing the work subject to the tender, he/she is obliged to pay the %... commission fee in addition to the penalty. The service provided by Portakal Antikacılık Müzayede within this scope is an instant mediation service performed electronically and is outside the scope of the right of withdrawal.
In case the declared qualities of the works offered for sale are not present or the work is disposed of without the consent of the rightful owner, Portakal Antikacılık Müzayede has no legal responsibility as it is an intermediary and not a seller. The Buyer/Participant accepts that all responsibility belongs to the person requesting the sale of the work.
The commission that Portakal Antikacılık Müzayede will receive is due as of the end of the auction. Even if the Buyer gives up on purchasing the work that is the subject of the auction, the Buyer, together with the penalty clause, will pay Portakal Antikacılık Müzayede's commission. must pay the commission. The buyer pays the price of the work or works purchased at the auction; the works purchased by those who paid with a check are delivered after the checks are collected. Payments made by credit card will be made within 5 business days following the end of the auction. Credit cards are not accepted for payments exceeding this period.
The delivery of purchased works will be made within 7 days in the city and 14 days outside the city from the date of full payment, and Portakal Antikacılık Müzayede will send the purchased work to the Buyer via cargo. Portakal Antikacılık Müzayede will notify the Buyer that the purchased work has been shipped , and Portakal Antikacılık Müzayede is not responsible for delays caused by the cargo company.
If the above-mentioned payments are not made within 7 days , Portakal Antikacılık Müzayede may render the sale void with all its consequences.
Portakal Antikacılık Müzayede will be authorized to reproduce the information provided by the buyer before the sale in the official sale record and auction summary. The buyer will be responsible for any incorrect information provided. If the buyer neglects to provide personal information before the sale, the buyer is obliged to provide the necessary information as soon as the sale of the goods is made.
After the sale, the goods must be insured immediately by the buyer. If the buyer finds the compensation that Portakal Antikacılık Müzayede will receive from the insurance company insufficient due to theft, loss or deterioration of the goods after the purchase, he has no right of recourse against Portakal Antikacılık Müzayede.
The work will be delivered to the buyer only after the full payment of the price, expenses, commission fee and taxes. If payment is made by check, the goods will be delivered after the check is converted into cash. In the meantime, Portakal Antikacılık Müzayede may invoice the buyer for the storage costs of the goods and, if applicable, loading, unloading and transportation costs. Until the invoice amount is collected, the expenses incurred by Portakal Antikacılık Müzayede for the preservation of the purchased work are paid by the Buyer. the sold work will not be delivered to the Buyer. If the buyer does not pay the due amount and if the payment notification made by Portakal Antikacılık Müzayede to the buyer is inconclusive, the seller may put the goods back on sale if he/she wishes. If the seller does not make this request within three months from the date of sale, the sale will be automatically cancelled. In addition, Portakal Antikacılık Müzayede reserves the right to demand the following from the buyer in default:
- Interest on the price of the work increased by five points at the legal rate,
- Reimbursement of additional costs resulting from the Buyer's default ,
-Commission fee,
- The amount of punitive damages equal to the price of the work,
- Payment of the difference between the initial bid price and the sales price after the "winner of the auction does not pay the price and the auction is repeated" if it is lower, together with the expenses arising from the new auction, and,
- Termination of the contract.
Portakal Antikacılık Auction also reserves the right to set off any amounts it may owe to a defaulting buyer against any amounts due from the defaulting buyer. Portakal Antikacılık Auction reserves the right to exclude from a future auction any bidder who is a defaulting buyer or who has failed to comply with these general purchasing conditions.
Portakal Antikacılık Müzayede reserves all other rights to sue and demand. The sold goods cannot be delivered to the buyer unless the expenses incurred by Portakal Antikacılık Müzayede for the preservation of the goods until the invoice amount is collected are paid by the buyer.
Portakal Antikacılık Müzayede will be authorized to transport purchased works that are not collected within seven days (including Saturdays, Sundays and public holidays) following the sale to a storage location at the expense of the defaulting buyer and to release them upon payment of the relevant expenses in addition to the price, expenses and taxes.
4 – Sales Events
In case of dispute, Portakal Antikacılık Auction reserves the right to appoint the winning bidder, continue or cancel the sale, or put the item up for auction. On the other hand, the Buyer accepts and undertakes in advance that he/she cannot claim that the auction is invalid for any reason.
If two bidders bid the same amount, either vocally, by gesture or by telephone, and both claim ownership of the item, the item will be immediately offered for sale again after the auction at the previous last bid price, and all bidders will have the right to bid again.
Portakal Antikacılık Müzayede may use video technology to facilitate the display of items during sales. If an error occurs during the use of such technology that may result in another item being displayed during the auction instead of the bidder's item, Portakal Antikacılık Müzayede will have no liability/responsibility whatsoever and will have sole authority to decide whether or not the auction will be held again.
The buyer who has once made a bid remains liable for his bid until another bid that legitimately exceeds his bid is accepted.
Portakal Antikacılık Müzayede has the right to withdraw any work from the auction, sell it together with other works, separate it from each other, refuse to sell it and conduct the auction without following the serial number.
The auction is open online.
Price increases in auctions are made by bidding . Portakal Antikacılık Müzayede is authorized to determine the amount of increase in value each time a bid is placed and to change these determined values if necessary.
Portakal Antikacılık Müzayede has the authority to refuse admission to the auction to anyone whose behavior and conduct it deems suspicious, without providing any excuse.
In cases where the works offered for sale within the scope of the Online Auction do not have the declared characteristics, do not conform to the declaration in terms of origin, or have been disposed of without the consent of the rights holder, the legal liability belongs to the person requesting the work to be offered for sale, as Portakal Antikacılık Müzayede is not the seller.
5 - Intellectual Property Rights – Copyright
The copyright on any and all parts of the catalogue is the property of Portakal Antikacılık Müzayede.
Any text or photograph published in the catalogue cannot be published in whole or in part without the written permission of Portakal Antikacılık Müzayede. Reproduction of these is prohibited, otherwise such actions will be considered a crime.
However, even if the copyright on a work has not expired, there is a legal privilege granted to Portakal Antikacılık Müzayede that allows them to reproduce the goods in their catalogues for sale at auction. Reproduction of the Portakal Antikacılık Müzayede catalogue therefore constitutes an illegal reproduction of the work, against which the perpetrator may be sued for forgery by the copyright owner of the works.
The sale of a work of art/item does not transfer the reproduction or presentation rights to the buyer.
6 - Rights and Obligations Regarding the Protection of Personal Data
Portakal Antikacılık Müzayede is obliged to take all necessary technical and administrative measures to prevent the unlawful processing of the personal data in question, unlawful access to these data and to ensure the preservation of these data. In the event that the processed personal data contains special personal data within the scope of the KVKK, Portakal Antikacılık Müzayede is also obliged to take the measures specified in the decision of the Personal Data Protection Board dated 31.01.2018 and numbered 2018/10 K. and the measures to be included in the decisions that the Personal Data Protection Board may publish in the future regarding the subject. Portakal Antikacılık Müzayede will continue to protect the personal data it processes within the scope of the performance of the Agreement in accordance with the law until the data in question is destroyed, even after the Agreement has been terminated.
Portakal Antikacılık Müzayede accepts, declares and undertakes that all activities regarding the processing of personal data it receives will always be in accordance with the legislation in force. The definition of processing includes all kinds of transactions that can be performed using data, including obtaining, collecting, recording, storing, analyzing, reporting, aggregating, filing, deleting and destroying personal data, and it is accepted in advance that these personal data are received and stored by Portakal Antikacılık Müzayede.
7 - Removal of Purchases
The buyer is obliged to insure the goods he/she purchased. Portakal Antikacılık Müzayede is not responsible for any damage that may occur to the goods after the sale. All shipping organizations are the sole responsibility of the buyer.
8- Address
The e-mail address, contact information, fax number and mailing address provided by the participant in the online membership form are essential. Portakal Antikacılık Müzayede is not responsible for delays that occur due to incorrect provision of this information. The Buyer accepts that Portakal Antikacılık Müzayede has no responsibility for errors in the information provided, address changes, late arrival at the address and delays in PTT and cargo .
9 – Divisibility of the Agreement
The articles of these general purchasing conditions are independent of each other. If any article is found to be invalid and void, the other articles will remain valid and in force.
10- Other Conditions
Persons/institutions participating in the online auction have accepted all the terms and conditions of these auction conditions and all the rights of Portakal Antikacılık Müzayede.
In case of any spelling or grammar errors in the online catalogue, the explanations made by Portakal Antikacılık Müzayede will prevail.
Without the permission of Portakal Antikacılık Müzayede, none of the texts and photographs published in the online catalogue can be shared by the Participant/Buyer.
Any changes in laws and regulations that come into force after the online catalogue is published will be reflected to the Buyer, and Portakal Antikacılık Müzayede is not responsible for these changes.
The works purchased in the online auction will be delivered to the Buyers' addresses in Türkiye only.
In accordance with the relevant provisions of the law; Portakal Antikacılık Müzayede reserves the right to recourse to the owners of the works.
Pursuant to Article 45 of Law No. 5846 and the decision of the Council of Ministers dated 27.09.2006 and numbered 2006/10880, Portakal Antikacılık Müzayede reserves the right of recourse to the owners of the works to be sold at the auction regarding the shares to be paid to the artists or right holders, provided that the document order is complied with.
Everyone who registers as a member, obtains a member number and participates in the online auction will be deemed to have read, understood and accepted all provisions of the auction conditions.
11– Law and Judiciary
These Purchase Conditions are subject to Turkish law. In the event of any dispute, only the Turkish Courts have the authority to rule on their validity and binding effect on any bidder or buyer. In the event of any dispute arising from these auction conditions or during the sale to be made as a result of the auction, the Istanbul Courts and Istanbul Enforcement Offices have jurisdiction.